Monday, June 27, 2011

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Legal

06-10 04:59 PM

I 100% agree with you about visa capture...

Additionally, they can "spill over" only in the last quarter... So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....

I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)

I agree with your comments about "things not adding up".

Not sure about any language specifying spillover can occur only at the end of the year.

Doubt if there is anything in the law that prevents spillover to be used every quarter.

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diptam

08-01 11:20 AM

Looks like for July 2nd they just started and i talked to 5 other guys( who got receipt) - all of them has a sending time between 9 and 9:30 AM by FEDEX

Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!

Kidding - what time yours hit the USCIS building ?

I also just got off the phone with USCIS, I am July 2nd filer with no receipts yet. The nice lady at USCIS customer service told me that due the increase in the in-flux of applications, it is taking USCIS longer to generate the receipt notices. She told me to call them back after 2 weeks.

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ramus

11-02 07:28 AM

that's what happened with us as well.. Waiting for 80 days now on AP and already changed the tickets twice..

ramus, i dont think local office will issue AP unless its an emergency. I am saying this bcoz i was in the local office today and they made it clear unless its absolute emergency AP will be issued only by NSC. In case of emergecy you need to show a valid proof that someone in your family is seriously sick.

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pnjbindia

01-06 01:05 AM

Venky.. That was funny...no offense, but i think you meant "dessert".... After reading all this, my story is even funnirer. I went to India to get engaged (arranged) when the dates became current...and not they rolled back to 1000BC.... Now I am engaged, and hearing all these wife stores feel quite screwed...lol..

I saw the following document on German Consulate - New Delhi. http://www.new-delhi.diplo.de/contentblob/1827030/Daten/857105/DD_Airport_Transit_A.pdf

It says: - a valid residence permit or visa for the USA, Japan, and Canada - An Airport Transit Visa is not required for holders of valid visa issued by Bulgaria, Romania, Cyprus, Ireland, United Kingdom, Canada, Japan or the USA irrespective of the travel destination.

I have a Canadian Visitor Visa. Do you think I will need Airport Transit Visa or I am reading it wrong?

Thanks for any help!

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gjoe

12-24 09:23 PM

This is good news for all of us who have EB3 I PD after 2Oct2001. Good news on a holiday to start a good start for the new year.

This appeared in todays Business Standard Newspaper in India. Atleast, the issue came up for discussion.

Here it is. --------

The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.

New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.

Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.

The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.

“It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,” an official said.

In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.

“It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,” an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.

“A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,” an official said.

Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.

India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.

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sundeep14

08-21 09:20 AM

Friend,

I firmly believe that you should not let go this company who screwed u....first and foremost hire a good immigration lawyer (i know it will cost some $$$)....but its important...and discuss with him your case...then sue that bastard company and let him have sleepless nights for couple of months....

Its fraud for the company to accept money for filin 140/labor....they will be screwed more for that...u can mention that the company told u that each employee pays his own costs....and hence u gave him money

Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.

I like this one, Congress should listen to Ron Hira if they want to get it right!

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waiting_4_gc

07-27 07:09 PM

why not 1 to Mr. Emilio Gonzales and 1 to Dr. Rice...just to be on safe side...in case none of these centers accepts your application :D

I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

Also, he seems to have closed his company..

Folks please advice.... .

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gadde

02-13 10:43 AM

HI SHANA,

Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com if not can you give your email and phone#. iam also in the process of invoking ac-21 using h1b transfer.. i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?

California ---------- I-90 Application to Replace Permanent Resident Card Initial issuance or replacement July 11, 2006 I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 26, 2007 I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007 I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007 I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007 I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007 I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007 I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007 I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007 I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007 I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007 I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007 I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007 I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007 I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007 I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007 I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child January 13, 2007 I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 31, 2006 I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003 I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001 I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001 I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005 I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005 I-131 Application for Travel Document All other applicants for advance parole April 09, 2007 I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007 I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 28, 2005 I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 13, 2007 I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007 I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007 I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007 I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007 I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007 I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007 I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007 I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007 I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007 I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 03, 2006 I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007 I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007 I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007 I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007 I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007 I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007 I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007 I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007 I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007 I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007 I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 10, 1997

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gcgreen

08-12 01:12 PM

I do not know how feasible this is, but if in your employment letter, there is a description of responsibilities, and additionally a statement like: "The job being offered to XXX falls under O-NET classification 15-1031," then you are completely covered, because the employer is positing that the job being offered to you falls under that classification. Again, don't emphasize technologies etc., just the job description and mainly classification.

The AC21 language is very clear: "same or similar occupational classification"

It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.

Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)

As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.

In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.

rvr_jcop

02-13 01:28 PM

got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11

All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?

lazycis

01-27 05:01 PM

Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company. helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case. So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.